SPD on THC: Police release a guide to marijuana use in Seattle with passage of I-502

11/09/2012Written by Jonah Spangenthal-Lee with the Seattle Police Department on November 9, 2012The people have spoken. Voters have passed Initiative 502 and beginning December 6th, adults over 21 years old can possess up to an ounce of marijuana (or 16 ounces of solid marijuana-infused product, like cookies, or 72 ounces of infused liquid, like oil) for personal use.Marijuana has existed in a grey area in Seattle for some time now. Despite a longstanding national prohibition on marijuana, minor marijuana possession has been the lowest enforcement priority for the Seattle Police Department since Seattle voters passed Initiative 75 in 2003. Officers don’t like grey areas in the law. I-502 now gives them more clarity.

Marijuana legalization creates some challenges for the Seattle Police Department, but SPD is already working to respond to these issues head on, by doing things like reviewing SPD’s hiring practices for police officers to address now-legal marijuana usage by prospective officers, as well as current employees.While I-502 has decriminalized marijuana possession in Washington, the new state law is in direct conflict with federal law, which classifies marijuana as a Schedule I narcotic. All Seattle Police officers have taken an oath to uphold not only state law, but federal law as well. However, SPD officers will follow state law, and will no longer make arrests for marijuana possession as defined under I-502.The Seattle Police Department and Mayor Mike McGinn have already begun working with state officials to navigate this conflict, and follow the direction of Washington voters to legalize marijuana.In the meantime, the Seattle Police Department will continue to enforce unlicensed sale or production of marijuana, and regulations against driving under the influence of marijuana, which remain illegal.TLDR?
Here’s a practical guide for what the Seattle Police Department believes I-502 means for you, beginning December 6th, based on the department’s current understanding of the initiative Please keep in mind that this is all subject to review and revision by the state attorney general, and King County Prosecutor’s office:Can I legally carry around an ounce of marijuana?
According to the recently passed initiative, beginning December 6th, adults over the age of 21 will be able to carry up to an ounce of marijuana for personal use. Please note that the initiative says it “is unlawful to open a package containing marijuana…in view of the general public,” so there’s that. Also, you probably shouldn’t bring pot with you to the federal courthouse.Well, where can I legally buy pot, then?
The Washington State Liquor Control Board is working to establish guidelines for the sale and distribution of marijuana. The WSLCB has until December 1, 2013 to finalize those rules.Can I grow marijuana in my home and sell it to my friends, family, and co-workers?
As long as you’re a licensed grower and seller, yes.Can I smoke pot outside my home? Like at a park, magic show, or the Bite of Seattle?
Much like having an open container of alcohol in public, so could result in a civil infraction—like a ticket—but not arrest. You can certainly use marijuana in the privacy of your own home. Additionally, if smoking a cigarette isn’t allowed where you are (say, inside an apartment building or flammable chemical factory), smoking marijuana isn’t allowed there either.Will police officers be able to smoke marijuana?
As of right now, no. This is still a very complicated issue.If I apply for a job at the Seattle Police Department, will past (or current) marijuana use be held against me?
The current standard for applicants is that they have not used marijuana in the previous three years. In light of I-502, the department is consulting with the city’s employment law division and the state attorney general to see if and how that standard may be revised.What happens if I get pulled over and an officer thinks I’ve been smoking pot?
If an officer believes you’re driving under the influence of anything, they will conduct a field sobriety test and may consult with a drug recognition expert. If officers establish probable cause, they will bring you to a precinct and ask your permission to draw your blood for testing. If officers have reason to believe you’re under the influence of something, they can get a warrant for a blood draw from a judge. If you’re in a serious accident, then a blood draw will be mandatory.What happens if I get pulled over and I’m sober, but an officer or his K9 buddy smells the ounce of Super Skunk I’ve got in my trunk?
Under state law, officers have to develop probable cause to search and closed or locked container, and can only use a narcotics dog if they have a warrant. Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle. If officers have information that you’re trafficking, producing or delivering marijuana in violation of state law, they can get a warrant to search your vehicle.SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?
No.Will SPD assist federal law enforcement in investigations of marijuana users or marijuana-related businesses, which are legal, at the state level, under I-502?
No. Officers and detectives will not participate in an investigation of anything that’s allowed by state law.December 6th seems like a really long ways away. What happens if I get caught with marijuana before then?
Hold your breath. Your case will be processed under current state statute. However, there is already a city statute making marijuana enforcement the lowest law enforcement priority.I’m under 21. What happens if I get caught smoking pot?
It’s a violation of state law. It’ll be referred to prosecutors, just like if you were a minor in possession of alcohol. But, again, marijuana enforcement is still the lowest law enforcement priority in Seattle. This is all still under review and we’re still awaiting advisement from the state attorney general.

I want them to start doing real research on just how impaired stoned drivers are. I think its alot like any drug you see a commercial for "see how X affects you before driving or operating heavy machinery"

I want them to start doing real research on just how impaired stoned drivers are. I think its alot like any drug you see a commercial for "see how X affects you before driving or operating heavy machinery"

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Just like alcohol, it depends on how much you've smoked as to how impaired you are. I can only speak for how it affects me, but I certainly wouldn't drive while stoned, I become too singularly focused.

See I am the opposite. I am a fantastic driver stoned. More cautious by alot. Doesn't affect my judgement in the slightly. And that is after a little bit or a lot. There is no amount of smoking that gets me to a point of being impaired. A few people I know always ALWAYS fall asleep within 30 minute of smoking. Sounds super dangerous to have behind the wheel. It gives me more clarity, I feel like a superhuman. Which to me suggests that it is far more difficult to deal with than the media is going to suggest it is over the next few years

See I am the opposite. I am a fantastic driver stoned. More cautious by alot. Doesn't affect my judgement in the slightly. And that is after a little bit or a lot. There is no amount of smoking that gets me to a point of being impaired. A few people I know always ALWAYS fall asleep within 30 minute of smoking. Sounds super dangerous to have behind the wheel. It gives me more clarity, I feel like a superhuman. Which to me suggests that it is far more difficult to deal with than the media is going to suggest it is over the next few years

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Thats why they give the field sobriety test, if you pass that, you're not impaired enough for them to take you in.

Which is awesome, I am just preparing for people with a fraction of it in their system from smoking a week earlier driving like a moron and getting in a wreck and then the news reads "Marijuana Kills Again!!"

Which is awesome, I am just preparing for people with a fraction of it in their system from smoking a week earlier driving like a moron and getting in a wreck and then the news reads "Marijuana Kills Again!!"

Blood tests are a better detector of recent use, since they measure the active presence of THC in the system. Because they are invasive and difficult to administer, blood tests are used less frequently. They are typically used in investigations of accidents, injuries and DUIs, where they can give a useful indication of whether the subject was actually under the influence.

Which is awesome, I am just preparing for people with a fraction of it in their system from smoking a week earlier driving like a moron and getting in a wreck and then the news reads "Marijuana Kills Again!!"

Blood tests are a better detector of recent use, since they measure the active presence of THC in the system. Because they are invasive and difficult to administer, blood tests are used less frequently. They are typically used in investigations of accidents, injuries and DUIs, where they can give a useful indication of whether the subject was actually under the influence.

I want them to start doing real research on just how impaired stoned drivers are. I think its alot like any drug you see a commercial for "see how X affects you before driving or operating heavy machinery"

lol @ the people who thinking drinking and driving is at par with stoned and driving. Because everyone knows that getting stoned blurs your vision and impairs your judgement. /eye roll

Get real ACF. I have driven stoned MANY times in college. Almost EVERY day from 2009-2011. I smoked a blunt a day, at the very least. Can I honestly say that there has been some 'close calls'? No. Easy no. But I won't say weed helped my driving, either. Would I encourage it? No because you have people on ACF who believe it blurs your vision (lol). If that's what it takes to legalize marijuana, then, please don't get baked and drive!
And I haven't smoked weed in more than a year. It just annoys me that the ignorant remain superior over a small herb. Its 10 times better than alcohol or being an alcoholic.

Arguing a retarded point such as, "OH MY GOD DONT LEGALIZE IT, THINK OF ALL THE FUCKING IDIOTS WHO WILL DRIVE WHILE STONED!"....

Are you really this stupid?

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Arguments against around here that you saw in the media were largely centered around "THINK OF TEH CHEELDRUNZ" (hint: I don't give a shit about your stupid squalling fuckspawn). I think @Barbaric1 is the only naysayer around these parts who actually brought up valid points.

Which is awesome, I am just preparing for people with a fraction of it in their system from smoking a week earlier driving like a moron and getting in a wreck and then the news reads "Marijuana Kills Again!!"

Blood tests are a better detector of recent use, since they measure the active presence of THC in the system. Because they are invasive and difficult to administer, blood tests are used less frequently. They are typically used in investigations of accidents, injuries and DUIs, where they can give a useful indication of whether the subject was actually under the influence.

Hopefully, they will deal with the 5.0ng rule, and/or come up with another method.

But it's still not 'legal' in the sense people thing of 'legal.'

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I don't think I said anything about what you are concluding. NORML's website states that the blood test can test for the presence of THC in the blood stream, and they use it for accident investigation. If you fail a field sobriety test, they will take a blood sample, which isn't going to show anything if you smoked it 3 weeks ago and were "just driving like a tard".

frankly if you're just driving like a tard, and fail a field sobriety test, you shouldn't be driving even if you are sober.

Most cockeyed, jaw dropped, drooling face stoners think they are, but are not.

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most alchoholics will say the same thing too. how many shit faced people have you had tell you they are good to drive?

people driving while high concern me. it'll slow your response time if nothing else. sure you can anticipate it and make corrections for it but it's still not a good idea. I rmember taking a drunk driving simulator test and i did better on the one that you were drunk (it slowed your response time on say braking or if you steered a direction it would make it go too far or not far enough). doesn't mean it's a good idea to do it. there is also a difference between having smoked in the morning and then driving in the afternoon as opposed to having just smoked then getting in your car. and there is no way for them to judge that.

and quite serious here... public safety is more important than you getting high. want to get high? fine with me. just don't do anything to endager others.

i live in colorado and voted for the pot legelization. my only hope is people don't get stupid because of it. and yes, i fully expect to hear "pot kills again". we hear it about alchohol at EVERY accident that is reported.. even if there is none it's "we're unsure if alchohol was a factor" or "alchohol was not the cause" or "they were dricing drunk". it'll be the same only now they'll throw pot in there too.

i'm also concerned about people who get in an accident because they are total Rtards and drive like idiots and had smoked like 4 weeks ago but it's still in their system getting a sentance for it. but then i guess that's part of the risk of passing the law and using pot.

Blood tests are a better detector of recent use, since they measure the active presence of THC in the system. Because they are invasive and difficult to administer, blood tests are used less frequently. They are typically used in investigations of accidents, injuries and DUIs, where they can give a useful indication of whether the subject was actually under the influence.

Hopefully, they will deal with the 5.0ng rule, and/or come up with another method.

But it's still not 'legal' in the sense people thing of 'legal.'

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I don't think I said anything about what you are concluding. NORML's website states that the blood test can test for the presence of THC in the blood stream, and they use it for accident investigation. If you fail a field sobriety test, they will take a blood sample, which isn't going to show anything if you smoked it 3 weeks ago and were "just driving like a tard".

frankly if you're just driving like a tard, and fail a field sobriety test, you shouldn't be driving even if you are sober.

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Jeebus man, read your damn quote:

They are typically used in investigations of accidents, injuries and DUIs, where they can give a useful indication of whether the subject was actually under the influence.

I was specifically, and quite simply, addressing your quote. It's wrong, NORML is an idiot org for saying it, and I provided some backup.

Most cockeyed, jaw dropped, drooling face stoners think they are, but are not.

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most alchoholics will say the same thing too. how many shit faced people have you had tell you they are good to drive?

people driving while high concern me. it'll slow your response time if nothing else. sure you can anticipate it and make corrections for it but it's still not a good idea. I rmember taking a drunk driving simulator test and i did better on the one that you were drunk (it slowed your response time on say braking or if you steered a direction it would make it go too far or not far enough). doesn't mean it's a good idea to do it. there is also a difference between having smoked in the morning and then driving in the afternoon as opposed to having just smoked then getting in your car. and there is no way for them to judge that.

and quite serious here... public safety is more important than you getting high. want to get high? fine with me. just don't do anything to endager others.

i live in colorado and voted for the pot legelization. my only hope is people don't get stupid because of it. and yes, i fully expect to hear "pot kills again". we hear it about alchohol at EVERY accident that is reported.. even if there is none it's "we're unsure if alchohol was a factor" or "alchohol was not the cause" or "they were dricing drunk". it'll be the same only now they'll throw pot in there too.

i'm also concerned about people who get in an accident because they are total Rtards and drive like idiots and had smoked like 4 weeks ago but it's still in their system getting a sentance for it. but then i guess that's part of the risk of passing the law and using pot.

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LOL you obviously are shooting from the hip. Read any studies?

And FYI, most people who want to use are using. Point is you're driving in public with them, and have been for 30+ years.

One Island out here have voted it least enforced offense, and we have no state police so only county cops, the state has a few sherriffs. They handle the transference of prisoners and serve warrants, only the state not the counties [islands] has a judicial system and also the jails.

That is how it starts and this state HI follows the west coast on these matters pretty much, so I expect if it works there it will be pushed here, have you guys forgot Hawaii is one of the first states with a Hippie Congressmanwho was there for decades, and now is our current Governor? WOOO HOOOOOO!!!!!!!